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Has anyone filed for Desertion?

(3 Posts)
Flybe757 Tue 01-Mar-16 11:44:14

Husband of 18 years left nearly 2 years ago, just left without warning, hasnt been in contact much since. Its clear he's never coming back,he now lives in Oz but I dont have his address. It has taken this long to recover emotionally (mostly) since his desertio coincided with other very stressful goings on. question is does anyone have experience of desertion as grounds for divorce and/ or divorcing an antipodean national as a uk national?

Collaborate Tue 01-Mar-16 13:07:57

It's seldom used as usually there are also other grounds.

Desertion requires you proving that for all of the 2 years you would have taken him back.

Familylawsolicitor Tue 01-Mar-16 20:51:34

Very tricky and in 15+ yrs of family law I've never done a desertion petition - think also requires proving his state of mind intention to desert from memory

Just use unreasonable behaviour on basis
he left you when you still wished to be married without warning
Has not shown willingness to reconcile
And chuck in a few things before separation eg lack of interest in you etc - mild things will do

Your main issue will be trying to prove service / locate to serve or dispensing with service if you have taken all reasonable steps to locate if he is not going to cooperate and you have no contact

If you are in touch or can get in touch at all eg by email or social media can you ask if he'll consent to a divorce on 2 years separation if you are nearly at that point

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